The Mental Health (Form of Documents) (Scotland) Regulations 2006

Scottish Statutory Instruments

2006 No. 12

MENTAL HEALTH

The Mental Health (Form of Documents) (Scotland) Regulations 2006

Made

12th January 2006

Laid before the Scottish Parliament

13th January 2006

Coming into force

6th February 2006

The Scottish Ministers, in exercise of the powers conferred on them by section 325 of the Mental Health (Care and Treatment) (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Mental Health (Form of Documents) (Scotland) Regulations 2006 and shall come into force on 6th February 2006.

(2) In these Regulations–

(a) “the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003; and

(b) any reference to a numbered section is a reference to the section bearing that number in the 2003 Act.

Form of documents

2.  Any document required or authorised to be prepared by virtue of a section of the 2003 Act listed in column 1 of Schedule 1 shall contain the particulars set out in the corresponding form listed in column 2 of that Schedule and set out in Schedule 2 and shall be used in the circumstances specified in column 3 of Schedule 1.

Revocation

3.  The Mental Health (Form of Documents) (Scotland) Regulations 2005(2) are revoked.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th January 2006

SCHEDULE 1

Column 1	Column 2	Column 3
Section 35	Form MH01	Application for warrant to enter premises under subsection (1);
	Form MH01A	Warrant under subsection (1);
	Form MH02	Application for warrant to detain person under subsection (4) for the purpose of enabling a medical examination;
	Form MH02A	Warrant under subsection (4);
	Form MH03	Application for warrant for access to medical records under subsection (7);
	Form MH03A	Warrant under subsection (7).
Section 292	Form MH04	Application for warrant to enter premises under subsection (1);
	Form MH04A	Warrant under subsection (1).
Section 293	Form MH05	Application for removal order under subsection (1);
	Form MH05A	Intimation of application for removal order under subsection (1);
	Form MH05B	Removal order granted by sheriff under subsection (1).
Section 294	Form MH06	Application to Justice of the Peace for removal order;
	Form MH06A	Removal order granted by Justice of the Peace.
Section 295	Form MH07	Application for recall or variation of removal order;
	Form MH07A	Intimation of application for recall or variation of removal order;
	Form MH07B	Order recalling or varying removal order.

SCHEDULE 2

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the form of certain documents required or authorised to be prepared by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”), and the circumstances in which those forms should be used. These Regulations re enact the Mental Health (Form of Documents) (Scotland) Regulations 2005 with changes to Form MH07, which shall be used for applications under section 295 of the 2003 Act for a recall or variation of a removal order.

(1)

2003 asp 13. See section 329 for the definition of “regulations”.

(2)

S.S.I. 2005/444.